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Copyright

Looks Are Not Everything; Professor Amy Adler’s Future of Art

Earlier this month, Osgoode Hall Law School welcomed Amy Adler, New York University’s Emily Kempin Professor of Law, to present on copyright and the future of art. Professor Adler is a leading scholar of art law and specializes in the legal regulation of artistic expression, sexuality and free speech. Visual artists today, as she describes, […]

The Price for Pokemon – How Much Are Childhood Icons Worth Protecting?

The Value of the Pokémon Franchise If you were born in the late 1980s or early 90s or have young children, you have probably encountered a red-cheeked mouse called Pikachu or any of the hundreds of other Pokémon that exist in the Pokémon media franchise. While the premise of catching colourful creatures is rather straightforward, […]

Not-So-Compulsory Licence: a Proposed (and Rejected) Solution to Copyright Infringement in Derivative Musical Works

In a recent MTV news article, author Miles Raymer opined over the “hopelessly broken” state of the US copyright system. While such a sweeping statement clearly oversimplifies the state of copyright law in the digital era, there may be some truth to it. Raymer focuses particularly on the tension between an ever-increasing market for derivative works […]

DU Photocopy Case: Fair Dealing or Raw Dealing?

It is fascinating to observe how one common law judicial decision can have a ripple effect in another jurisdiction, especially one eleven thousand kilometres away. The Supreme Court of Canada’s (SCC) decision in Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright) [Alberta] had exactly such an effect on India.

Fair Dealing: What Can Be (Fairly) Criticized?

“A picture is worth a thousand words.” That remark might be trite, especially in the era of selfies and Instagram, but a book is more than just words and a photograph is more than just ink– the sum of those parts will have meaning or will depict something beyond any constituent elements. When such a […]

No Laughing Matter: Copyright Protection for Jokes

Some people just can’t take a joke. Other people have taken jokes, and it has landed them in court. Two recent American copyright cases offer an opportunity to look at the difficulties of protecting comedy routines with copyright.

Infringement City Blues (Make Ed Sheeran Wanna Holler)

Flanked! Two Ed Sheeran songs now face copyright infringement actions. One alleges Sheeran’s “Photograph” copied a song called “Amazing” written for X Factor winner Matt Cardle. Richard Busch—also counsel for the Marvin Gaye estate in the “Blurred Lines” case—filed in June on behalf of “Amazing”’s copyright owner, HaloSongs, Inc. Another, filed in August on behalf […]

Podcast Now Available for @craigcarys talk on “A Feminist Copyright Agenda: Open Access, Attribution & the Academy”

On September 21, 2016, IP Osgoode’s own Prof. Carys Craig delivered a talk entitled “A Feminist Copyright Agenda: Open Access, Attribution & the Academy” as part of the  Shirley E. Greenberg Chair for Women and the Legal Profession Speaker Series.  bloggingforequality.ca has posted the transcript of this thought provoking talk here and the podcast here on […]

The Value of Copyright

My topic is the valuation of copyright. Valuation of any sort of intellectual property is a tricky subject. Somebody invents a better mouse trap and wants to sell the invention. He may get a patent for it. How does he know what to ask for it? An idea for a better mouse trap is not […]

Getting’ GIFfy with it? The Olympic Ban on GIFs, a Copyright Issue

The International Olympic Committee’s (IOC) new rules ban viewers of the 2016 Rio Olympics from creating and sharing Graphic Interchange Format graphics (GIFs). The short videos, typically used as sources of comedic relief, are common on social media outlets like Tumblr and Twitter. Popular GIFs include one of U.S. Gymnast Laurie Hernandez being cheeky by […]